Indian Act Sample Clauses
The 'Indian Act' clause defines the application and relevance of the Canadian federal legislation known as the Indian Act within the context of the agreement. This clause typically clarifies whether the rights, obligations, or status of Indigenous peoples or lands governed by the Indian Act are affected or preserved by the contract. For example, it may specify that nothing in the agreement overrides or diminishes protections or entitlements provided under the Act. Its core practical function is to ensure that the agreement does not unintentionally conflict with or undermine statutory rights and obligations established by the Indian Act, thereby providing legal clarity and compliance.
Indian Act. The Final Agreement will provide that, subject to transitional provisions, the Indian Act will not apply to Tsawwassen First Nation, Tsawwassen Government or Tsawwassen Members, except for the purpose of determining whether an individual is an “Indian” within the meaning of that Act.
Indian Act. The Qalipu Mi’kmaq First Nation Band Council is a council chosen in accordance with the custom of the band and therefore falls within the section (b) definition of ‘council of the band’ under the Indian Act.
Indian Act. The Indian Act deals with the management and administration of Indian lands and assets. There is no provision in the Indian Act for the creation of reserves. At Confederation, Ontario’s northwestern boundary had not been clearly defined. The 55,000 square miles ceded to the Crown by the Ojibway Indians in 1873 under Treaty 3 were within an area which, between 1870 and 1889, was claimed by both Ontario and Canada. Ontario’s claim that its true west- ern boundary extended to the Lake of the ▇▇▇▇▇ and its northern limit to ▇▇▇▇▇ Bay and the Albany River was upheld by a board of arbiters in 1878 and confirmed on appeal to Great Britain in a judgment of the Judicial Com- mittee of the Privy Council in 1884.5 Canada, however, continued to argue that, even if the boundary extended as far west as Ontario claimed, the natural resources belonged to the ▇▇▇▇▇- ion as a result of the purchase of Indian lands by Treaty 3. This issue was decided in 1888 in St. Catherine’s Milling Company v. The Queen , again in favour of Ontario. In effect, the Judicial Committee ruled that lands ceded by Treaty 3 were the property of the Crown in the right of the Province, not the Dominion, and the federal government had no powers under the BNAAct to assign reserves unilaterally under the Treaty: 3 Address of the Senate and House of Commons (Canada) to the Queen, December 16-17, 1867, being Schedule A to Order of Her Majesty in Council Admitting ▇▇▇▇▇▇’▇ Land and the North-Western Territory into the Union, reprinted in RSC 1970, App. II, No. 9, 264. 4 Order of Her Majesty in Council Admitting ▇▇▇▇▇▇’▇ Land the North-Western Territory into the Union , June 23, 1870, s. 14, reprinted in RSC 1970, App. II, No. 9, 257-63.
Indian Act. • “How will this Foundation Agreement fit with the Indian Act? Will the Foundation Agreement release the shíshálh from the Indian Act?” • shíshálh Nation has been self-governing on shíshálh lands since 1986, when Canada enacted the shíshálh Nation Self-Government Act (previously called the Sechelt Indian Band Self-Government Act). “shíshálh lands” are the former reserve lands of the Sechelt Indian Band, which the federal government transferred to shíshálh in fee simple in 1986, and any additional lands owned by shíshálh that are declared to be shíshálh lands by Canada and BC. Under this self-government Act, shíshálh Nation moved out from under the Indian Act. • The Foundation Agreement renewal is a bilateral agreement between the Province and shíshálh. The Indian Act and the shíshálh Nation Self-Government Act are federal laws. The Foundation Agreement does not affect these federal laws. • Since 1986, shíshálh Nation’s law-making powers over shíshálh lands and other matters involving the Nation, such as language, education and social services, have been recognized in the shíshálh Nation Self-Government Act. shíshálh also has municipal functions pursuant to the shíshálh Nation Government District Enabling Act (previously called the Sechelt Indian Government District Enabling Act). • “A clarification: the 2018/24 Foundation Agreement is between the shíshálh and BC whereas the Indian Act outlines laws between Federal government and all Indigenous nations. Will the Foundation Agreement give shíshálh Nation self-government with opportunities for financial independence? How will this agreement fit with the Indian Act? Will it release the shíshálh from the act?” • “How will this Foundation Agreement fit with the Indian Act? Will the Foundation Agreement release the shíshálh from the Indian Act?”
Indian Act. This permit shall be subject to the provisions of the Indian Act and regulations made there under now in force or which may hereafter be made from time to time by the Governor in Council.